Bundled Pricing and Loyalty Discounts: Navigating the Confusing Antitrust Standards
Avoiding Anticompetitive Conduct When Implementing Marketing and Pricing Strategies
Recording of a 90-minute CLE webinar with Q&A
This CLE course will examine the various standards the U.S. Department of Justice (DOJ) and courts are applying in analyzing whether bundled pricing and loyalty discount programs enhance competition or are exclusionary. The panel will explain best practices for companies and their counsel to avoid antitrust liability when implementing or changing pricing strategies given the lack of clear guidance on this issue.
- Defining bundled pricing and loyalty discounts/rebates
Legal framework for analyzing antitrust risks of bundled pricing and loyalty discounts
- Sherman Act
- Robinson-Patman Act
- Latest case law addressing bundled pricing and loyalty discounts/rebates
- Best practices to avoid antitrust liability for marketing and pricing practices
The panel will review these and other key questions:
- What business conduct is permissible in offering bundled pricing and loyalty discounts?
- How does discounting a range of products put a company at risk of violating antitrust laws?
- Does the risk change between a bundled rebate plan and loyalty rebate plan and what are the factors that affect risk?
James J. Long
Briggs & Morgan
Mr. Long's litigation and counseling practice is concentrated in the areas of antitrust law, franchise law, and... | Read More
Mr. Long's litigation and counseling practice is concentrated in the areas of antitrust law, franchise law, and dealer/distribution/sales representative law. He has more than 26 years of experience in his practice areas, along with a background in economics. He counsels a number of clients on a variety of antitrust issues, including bundled rebate plans and other pricing practices.Close
Michael B. Miller
Morrison & Foerster
Mr. Miller's practice includes all aspects of complex antitrust and commercial litigation in federal and state... | Read More
Mr. Miller's practice includes all aspects of complex antitrust and commercial litigation in federal and state courts, at both the trial and appellate levels and in administrative proceedings. He also frequently counsels clients on antitrust, privacy, and data security-related issues.Close